Charles Sumner Opinion on the trial of Andrew Johnson 1868

This is one of the last great battles with slavery. Driven from these legislative chambers, driven from the field of war, this monstrous power has found a refuge in the Executive Mansion, where, in utter disregard of the Constitution and laws, it seeks to exercise its ancient farreaching sway. . . . Andrew Johnson is the impersonation of the tyrannical slave power. In him it lives again. He is the lineal successor of John C. Calhoun and Jefferson Davis; and he gathers about him the same supporters. Original partisans of slavery north and south; habitual compromisers of great principles; maligners of the Declaration of Independence; politicians without heart; lawyers, for whom a technicality is everything, and a promiscuous company who at every stage of the battle have set their faces against equal rights; these are his allies. It is the old troop of slavery, with a few recruits, ready as of old for violence running in device, and heartless in quibble. With the President at their head, they are now entrenched in the Executive Mansion.

Not to dislodge them is to leave the country a prey to one of the most hateful tyrannies of history. Especially is it to surrender the Unionists of the rebel States to violence and bloodshed. Not a month, not a week, not day should be lost. The safety of the Republic requires action at once. The lives of innocent men must be rescued from sacrifice.

I would not in this judgment depart from that moderation which belongs to the occasion; but God forbid that, when called to deal with so great an offender, should affect a coldness which I cannot feel. Slavery has been our worst enemy, assailing all, murdering our children, filling our homes with mourning, and darkening the land with tragedy; and now it rears its crest anew, with Andrew Johnson as its representative. Through him assumes once more to rule the Republic and to impose its cruel law. The enormity of his conduct is aggravated by his bare faced treachery. He once declared himself the Moses of the colored race. Behold him now the Pharaoh. With such treachery in such a cause there can be no parley. Every sentiment, every conviction, every vow against slavery must now be directed against him. Pharaoh is at the bar of the Senate for judgment.

There is nothing of usurpation which he has not attempted. Beginning with an assumption of all power in the rebel States, he has shrunk from nothing in the maintenance of this unparalleled assumption. . . . Timid at first, he grew bolder and bolder. He saw too well that his attempt to substitute himself for Congress in the work of reconstruction was sheer usurpation, and, therefore, by his Secretary of State, did not hesitate to announce that

"it must be distinctly understood that the restoration will be subject to the discrfetion of Congress."

On two separate occasions, in July and Septlember, 1865, he confessed the power of Congress over the subject; but when Congress came together in December, this conssor of congressional power found that he alone had this great prerogative. According to his new-fangled theory, Congress had nothing to do but admit the States with the governments which had been instituted through his will alone. It is difficult to measure the vastnless of this usurpation, involving as it did a general nullification. Stafford was not bolder, when, speaking for Charles I, he boasted that

"the little finger of prerogative was heavier than the loins of the law;"

but these words helped the proud minister to the scaffold. No monarch, no despot, no Sultan, could claim more than an American President; for he claimed all. By his edict alone governments were organized, taxes were levied, and even the franchises of the citizetas were determined.

Had this assumption of power been incidental, for the exigency of the moment, as under the pressure of war, and especially to serve the cause of human rights, to which before his elevation the President had professed such vociferous devotion, it might have been pardoned. It would have passed into the chapter of unauthorized acts which a patriot people had condoned. But it was the opposite in every particular. Beginning and continuing in usurpation, it was hateful beyond pardon. because it sacrificed the rights of Unionists, white and black, and was in the interest of the rebellion and of those very rebels who had been in arms against their country. ...

More than one person was appointed provisional governor who could not take the oath of office required by act of Congress. Other persons in the same predicament were appointed in the revenue service. The effect of these appointments was disastrous. They were in the nature of notice to rebels everywhere, that participation in the rebellion was no bar to office. If one of their number could be appointed governor, if another could be appointed to a confidential position in the Treasury Department, then there was nobody on the long list of blood who might not look for preferment. And thus all offices from governor to constable were handed over to a disloyal scramble. Rebels crawled forth from their retreats. Men who had hardly ventured to expect their lives were now candidates for office, and the rebellion became strong again. The change was felt in all the gradations of government, whether in States, counties, towns, or villages. Rebels found themselves in places of trust, while the true-hearted Unionists, who had watched for the coming of our flag and ought to have enjoyed its protecting power, were driven into hiding-places. All this was under the auspices of Andrew Johnson. It was he who animated the wicked crew. He was at the head of the work. Loyalty everywhere was persecuted. White and black, whose only offence was that they had been true to their country, were insulted, abused, murdered. .

The Freedmen's Bureau, that sacred charity of the Republic, was despoiled of its possessions for the sake of rebels, to whom their forfeited estates were given back after they had been vested by law in the United States. The proceeds of captured and abandoned property, lodged under the law in the national treasury, were ravished from their place of deposit and sacrificed. Rebels were allowed to fill the ante-chambers of the Executive Mansion and to enter into his counsels. The pardoning power was prostituted, and pardons were issued in lots to suit rebels, thus grossly abusing that trust whose discreet exercise is so essential to the administration of justice. The powers of the Senate over appointments were trified with and disregarded by reappointing perscns who had been already rejected, and by refusing to communicate the names of others appointed by him during the recess. The veto power conferred by the Constitution as a remedy for ill-considered legislation, was turned by him into a weapon of offence against Congress and into an instrument to beat down the just opposition which his usurpation had aroused. The power of removal, which patriot Presidents had exercised so sparingly, was seized as an engine of tyranny and openly employed to maintain his wicked purposes by the sacrifice of good citizens who would not consent to be his tools. Incompetent and dishonest creatures, whose only recommendation was that they echoed his voice, were appointed to office, especially in the collection of the internal revenue, through whom a new organization, known as the "Whiskey Ring," has been able to prevail over the government and to rob the treasury of millions at the cost of tax-paying citizens, whose burdens are thus increased. Laws enacted by Congress for the benefit of the colored race, including that great statute for the establishment of the Freedmen's Bureau, and that other great statute for the establishment of Civil Rights, were first attacked by his veto, and, when finally passed by the requisite majority over his veto, were treated by him as little better than dead letters, while he boldly attempted to prevent the adoption of a constitutional amendment, by which the right of citizens and the national debt were placed under the guarantee of irrepealable law. During these successive assumptions, usurpations, and tyrannies, utterly without precedent in our history, this deeply guilty man ventured upon public speeches, each an offence to good morals, where, lost to all shame, he appealed in coarse words to the coarse passions of the coarsest pie, scattering firebrands of sedition, inflaming anew the rebel spirit, insulting good citizens, and with regard to office-holders, announcing in his own characteristic phrase that he would "kick them out" the whole succession of speeches being from their brutalities and indecencies in the nature of a "criminal exposure of his person," indictable at common law, for which no judgment can be too severe. But even this revolting transgression is aggravated, when it is considered that through these utterances the cause of justice was imperiled and the accursed demon of civil feud was lashed again into vengeful fury. All these things from beginning to end are plain facts, already recorded in history and known to all. And it is further recorded in history and known to all, that, through these enormities, any one of which is enough for condemnation, while all together present an aggregation of crime, untold calamities have been brought upon our country; disturbing business and finance; diminishing the national revenues; postponing specie payments; dishonoring the Declaration of Independence in its grandest truths; arresting the restoration of the rebel States; reviving the dying rebellion, and instead of that peace and reconciliation so much longed for, sowing strife and wrong, whose natural fruit is violence and blood.